Discrimination by any other name still stinks

The bar is set extremely high for those who want to see overturned Tennessee's law that prevents municipalities from extending legal protections to gay, lesbian and transgender people in the workplace.

That does not mean that they should be discouraged, however. This is the fight worth having.

The discussion over House Bill 600, enacted two years ago, is entangled in legal confusion induced by the supporters of the state law, who argue that their version of the law is fair because Metro Nashville's nondiscrimination ordinance created a separate class of protection for gays and lesbians. It's much the same argument as that made by opponents of affirmative action programs, even when such programs have shown positive results by opening educational and career opportunities to Americans who would not have access otherwise.

The forces behind HB 600 painted Metro government as the outlier, when it actually was providing an example of leadership for all communities in Tennessee. When the ordinance was passed, it came on the heels of similar ordinances in more than 100 cities nationwide. Those cities saw the wisdom of inclusive policies that ensure that good city employees feel valued, with no impediments because of sexual orientation.

Had the Tennessee General Assembly been genuinely concerned about conflicting standards between cities throughout the state, it could have as easily adopted Nashville's model and applied it statewide. But the legislators' real intent was to stymie any move that might give comfort to same-sex couples. They fear especially that partners of gay and lesbian government employees might be able to claim benefits, and they fear the simple fact of openness: Yes, it's OK for heterosexual workers to talk freely about their partners, but homosexuals should keep their affairs quiet.

Let's not forget that this same legislature tried very hard to impose "Don't Say Gay" in schools. It's not a huge leap from that bill to the one that reversed Metro's ordinance - they just used a less-confrontational rationale for doing it.

An anti-discrimination lawsuit filed against HB 600 was dismissed, on the assertion by the state attorney general's office, in support of the law, that none of the plaintiffs could have been harmed. It's always hard to prove a negative; that's the state's ace in the hole.

But it's encouraging that at least one of the appellate judges hearing the case, based on her comments, seems to see how HB 600, while pretending to level the field, actually diminishes protections for all workers by limiting their ability to seek relief from discrimination through the courts.

Perseverance will carry the plaintiffs through because equality is always worth the fight.

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Discrimination by any other name still stinks

The bar is set extremely high for those who want to see overturned Tennessee's law that prevents municipalities from extending legal protections to gay, lesbian and transgender people in the